History, Memory and the Problem of ‘Bad Laws’: Reflections on the Italian and Nordic Experience

Abstract This article grows out of a symposium on the experiences of the judicial system in Norway and other countries during the Second World War. It considers the experience of Fascist Italy and the Nordic countries (Denmark, Norway and Sweden) during this period, with a special emphasis on anti-Jewish laws and persecutions. The article also considers the role of legal positivism, if any, in contributing to the abuses of this period, and the lessons for future lawyers